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Set yourself apart and make money: Use Non-Standard Provisions in local Chapter 13 Plan (RECORDING)
Member Price$35.00
Non-Member Price$85.00
Merchandise Description
Set yourself apart and make money: Use Non-Standard Provisions in your local Chapter 13 Plan
Presented By: O. Max Gardner & Henry Sommer
Feb 22, 2018 | 2 PM Eastern
 

Take advantage of non-standard provisions in chapter 13 plans to set your firm apart and attract more clients. All bankruptcy districts are now required by Bankruptcy Rule 3001.1 to have a final paragraph in the local chapter 13 plan allowing non-standard provisions.  The use of non-standard provisions will make a crucial positive difference in your client’s case and will save you time and money. 

 

Get deeper insight into non-standard provisions from O. Max Gardner and Henry Sommers in this 90-120 minute webinar.  They will focus on and suggest specific language you can add to your plans.  Some of the topics include:

 

  • Filing fee payment terms
  • No credit reporting (or specifying what can be reported).  See Keller v. New Penn Fin., LLC (In re Keller), 568 B.R. 118, 129 (B.A.P. 9th Cir. 2017) 
  • Override surrender stay relief
  • No payments to unsecured creditors and early termination
  • Utility adequate assurance terms
  • Assumption of Residential Leases
  • Elimination of lien upon payment of allowed secured claim 
  • Equal monthly payments for attorney’s fees
  • Sale or refinance of property
  • Right to use trustee avoiding powers
  • Direct plan payments to secured and non-dischargeable debts before others are paid
  • Send monthly mortgage statements, coupon book
  • Injunction against further scheduling or continuance of foreclosure sale 
  • Application of mortgage/arrears payments per Section 524(i)
  • Mortgage loan mod will be sought clause
  • Lien satisfied regardless of whether debt is discharged
  • Vesting of Property in Mortgage Creditor Who Refuses to Foreclose  
  • ID particular secured debts that will not be provided for by the plan
  • Assigning refund of payments if converted or dismissed to attorney for fees
  • Student loan classification and current payments
  • Seek Enrollment in Student Loan Income-Driven Repayment Plan
  • Continue Participation in Student Loan Income-Driven Repayment Plan
  • Injunction Prohibiting Enforcement of Bankruptcy Clause by Private Student Loan Creditor 
  • Avoiding Application of Estoppel and Claim Preclusion Doctrines Based on Plan Confirmation
  • Protection of post-petition causes of action
  • Filing of Adversary Proceeding Involving Predatory Mortgage Lending Claims